Legal Opinion

Spafford v. Brevard County

Supreme Court of Florida

Decided June 15, 1926Published

1Opinion of the CourtWhitfield, J.

Section 29, Article XYI of the State Constitution mandatorily applies wben private property is appropriated to the use of any corporation or individual;” and even if a corporation that is created and used as a State agency, is not subject to that organic section, when a delegated right of eminent domain is exercised by it, such corporate State agency is subject to the dominant *627organic provisions requiring due process of law and just compensation in appropriating private property to the use of highways or other public purposes under the law. Sec. 12, Declaration of Rights. Even if the owner is…

2Cases cited6 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
  3. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  4. Sears v. City of AkronSupreme Court of the United States · 1918
  5. State ex rel. Moody v. BakerSupreme Court of Florida · 1884

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API